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OPTUS AGREEMENT
INDEX TO OPTUS AGREEMENT
10.0 TRAINING The development of a world leader operation and a best practice workforce is critically dependent on Optus provision of ongoing, relevant and tailored training programs. All such management approved training will be directed towards facilitating the required implementation of leading edge technology by the development of a highly skilled workforce which is receptive employees personal growth opportunities within Optus through the development of relevant competencies consistent with company needs. On the basis of the limited period of time that they are employed in the field. Cadet Trainees shall be excluded from performance based remuneration schemes unless otherwise determined by Optus. Where such Cadets spend less than 50% of their ordinary hours in the field in any training year, they shall be entitled to receive a minimum of 90% of the relevant youth and adult minimum rate as appropriate. 11.00 WORKING ENVIRONMENT Optus is committed to providing a non discriminatory, equal opportunity, and smoke free working environment for all its employees and to ensuring that the working environment for the employees is both safe and healthy and in accordance with relevant legislation. 12.0 WORKERS COMPENSATION Any Optus employee who, as a result of an injury suffered in the course of his or her employment with Optus, receives payments under workers compensation legislation, shall be paid by Optus the difference between the payments received under the workers compensation legislation and the salary which would otherwise be paid to the employee up to a maximum of 52 weeks. Full participation in any approved return to work program will be a prerequisite to the payment of this make up payment. Provisions relating to the duration of, and eligibility for, such make up pay, documentation, legal proceedings etc. will be as set out in Optus policies as amended from time to time. 13.0 NO PREFERENTIAL TREATMENT This Agreement acknowledges the status of the Communications Electrical Electronic Energy Information Postal Plumbing and Allied Services Union of Australia (CEPU) as the only Union which has industrial coverage rights with respect to Optus employees covered by this Agreement. No employee will receive any employment benefit or detriment by reasons of his or her membership or non-membership of the CEPU. Optus and its employees agree that membership or non-membership of the CEPU is a matter for personal decision by the employee. 14.0 UNION ACCESS 1.0 Union access will be in accordance with Part IX, Division 11A of the Workplace Relations Act 1996. 2. In addition to the right of access referred to in paragraph
(1), Optus agrees to officials of the union having access to
Optus worksites for the purpose of meeting with Optus employees
who are either members of or are eligible to be members of the
union on the following conditions: b. access to an Optus worksite will be at a place or places (which will provide interviewing facilities and a telephone) nominated by Optus; c. an official of the union will not have access to any part of an Optus worksite which is not nominated under paragraph (b), and can only interview or have discussions with those employees who specifically wish to be interviewed; d. an Optus representative will accompany the official of the union to and from the place or places nominated under paragraph (b); e. access to an Optus worksite by an official of the union must not interrupt Optus operations; f. an official of the union will only have access to an Optus worksite for a maximum period of 4 hours starting and concluding between 10am and 3pm; g. a union delegate must: (i) in non work-time, post a visit notice in an agreed format at such places nominated by Optus from time to time at least 3 days before access to an Optus worksite by an official of the union; and (ii) prior to any access, provide a copy of the visit notice to the person or persons nominated by Optus from time to time. h. a union delegate may distribute by hand literature at an Optus worksite if it is factual and not misleading and a copy of the literature is provided to the person or persons nominated by Optus from time to time at least 24 hours before it is distributed by the union delegate; and i. unless there is a nominated suspected breach as referred to in section 285B of the Workplace Relations Act 1996, access to any one Optus worksite will be no more frequent than one visit each 14 days. 15.0 FURTHER AGREEMENT Optus and its employees agree that approximately 3 months before the end of the life of this Agreement, that Optus will communicate with the employees then covered by the Agreement with a view to reaching a further Certified Agreement made between them to replace this Agreement. 16.0 AUSTRALIAN WORKPLACE AGREEMENTS Nothing in this Agreement shall operate to prevent Optus and any of its employees, or groups of employees, from entering into an Australian Workplace Agreement concluded and approved in accordance with the provisions of the Workplace Relations Act 1996. It is acknowledged by this Agreement that all Australian Workplace Agreements made subsequent to the certification of the Agreement shall be allowed to operate to its exclusion or to prevail over it to the extent of any inconsistency. (As contemplated by S170 VQ(6)(iii) of the Workplace Relations Act 1996). EXECUTED THE COMMON SEAL OF OPTUS ADMINISTRATION PTY LIMITED was affixed to this document in the presence of: --------------------------------- APPENDIX A NOTE ~/~ The minimum rates prescribed for commission based Sales roles relate specifically to On Target Earnings (OTE) which includes Target Achievement Incentives. For the purpose of compliance with this Agreement, the minimum remuneration as determined from the relevant Optus Sales Plan shall not be less than 50% of the On Target Earnings rate specified above. +++ Residential Sales Consultant or Retention Sales Representatives may, where they agree, be subject to a commission based remuneration structure providing minimum remuneration of less than 50% of the On Target Earnings (OTE) prescribed in this Agreement as adjusted annually. ISSUE PREVENTION AND RESOLUTION It is the policy of Optus to provide a productive, rewarding, enjoyable, safe and non-discriminatory work environment for its employees. This environment should be characterised by cooperation, mutual respect and open communications directly between management and employees. This Clause sets out the procedures to be followed for preventing and settling disputes about matters arising under this Agreement between Optus and the employees covered by it. All issues of concern should, in the first instance, be processed within the Optus employee relations environment. 1. An employee who anticipates or is experiencing a job related problem should in the first instance discuss it with his or her immediate supervisor or manager. Managers are required to set aside the time necessary for a fair and open discussion. Under no circumstances shall an employee be disadvantaged if they raise an issue for discussion.
2. If the problem is not resolved at this level, or if there is some reason why the problem cannot be discussed with the immediate supervisor, the employee is to take it to the next level manager or to their Human Resources representative. If it is deemed appropriate this may include the involvement of the appropriate Directors. 3. Should the above steps fail to resolve the issue, Optus acknowledges the employees right to raise the issue with the CEPU who will then, in the first instance seek discussions through direct consultation with Optus Human Resource management. 4. If these discussions are unsuccessful the matter can be either referred by Optus or the employee to an agreed private mediator or arbitrator, or failing agreement, as nominated by the Australian Industrial Relations Commission. |
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